FELA Settlements

FELA settlements are the primary form of railroad workers’ compensation, but they differ significantly from other types of injury claims. If you suffered a serious injury at a Metra, Amtrak, or freight rail yard in Cook County, contact a Chicago FELA lawyer from our team to ensure you receive a fair settlement offer. 

FELA Settlements Recovered by Our Chicago-Based Law Firm

$7,200,000: Tom, a railroad worker, died from a traumatic brain injury after being hit by a truck driver. We proved that his railroad injury would not have occurred if the railroad company had installed a crossing sign.

$2,800,000: 56-year-old Bryan was injured on the job when a coworker dropped a shipping container on his foot. The injury prevented him from returning to his previous employment, so we ensured his settlement amount covered all future income lost due to his career change.

$1,900,000: Rail worker Alex suffered from an overuse workplace injury that required physical therapy. We demonstrated that his company had not provided adequate training to prevent these severe injuries.

How Do Federal Employers’ Liability Act (FELA) Settlements Work?

FELA is a federal law that governs railroad injury claims (45 U.S.C. §§ 51-60). Unlike traditional workers’ compensation, which is a no-fault system, this system uses negligence to determine fault and calculate damages. It also provides for non-economic damages, which cannot be recovered under the typical workers’ comp system.

The FELA claims process begins by receiving prompt medical care. This documents your injuries and connects them to the railroad incident. You must then report the incident to the railroad agency, which will then begin gathering relevant evidence. Your FELA lawyer will also conduct an independent investigation to prove negligence. 

Once this has been completed, your attorney and the company will begin negotiating for a settlement. This amount will depend on the injured worker’s medical expenses, lost wages, and physical pain and suffering. Our attorneys will ensure that future losses are estimated and included in your settlement amount. 

FELA claims have a statute of limitations of three years (45 U.S.C. §§ 51-60). You must act promptly to secure a settlement. Contact us as soon as possible for a free consultation about your claim. 

What Is the Average FELA Settlement in Illinois?

The average FELA settlement amount in Illinois is $749,333, with payouts ranging between $270,000 and $2,500,000. As we will discuss, your settlement depends on factors such as injury severity, liability, and available evidence. 

Example Cases Filed in Cook County

Rail conductor Nathan Johnson was working at a rail yard for CSX Transportation Inc. when his locomotive was struck by several rail cars, causing a herniated lumbar disc. He was awarded $275,000.00 for his FELA claim. 

Patrick Walsh, a Metra conductor, was stopped at the Libertyville Metra station when he slipped into a gap between the train and the station platform, tearing his Achilles tendon and injuring his thumb. While Metra paid his medical expenses, he sued for lost wages, pain and suffering, and disability. He was awarded $330,667.00 by the U.S. District Court for the Northern District. 

Which Factors Influence FELA Claim Settlements?

A fair FELA settlement depends on multiple factors, including the following.

Nature and Extent of Injuries: Those who are severely injured, such as those suffering a spinal cord injury after falling from a Union Pacific rail car at Proviso yard, will receive bigger settlements than those whose conditions can be managed without surgery.

Loss of Earnings: Lost wages make up a significant portion of economic damages. The more time you spend off work from your work at a Metra station or CTA commuter rail yard, the more compensation you may receive. 

Medical Bills: While company health insurance may cover many of your treatments, it may not provide comprehensive coverage. Those who need long-term medical care may receive a larger FELA settlement.

The Role of Comparative Negligence in FELA Claims

FELA settlements use pure comparative negligence. This is different from Illinois state law, which uses modified comparative negligence (735 ILCS 5/2-1116), or standard workers’ compensation, which is a no-fault system.

You can make a FELA claim even if you were 99% responsible for the accident, but your percentage of blame will reduce your compensation. 

For example, assume the injured worker fell from an Amtrak train at Union Station. He was not wearing proper footwear, and the car was slick from a recent rainstorm. He might be found 50% responsible for the accident, and therefore, he will receive 50% less than if he were found to be entirely blameless. 

Having an attorney is essential to ensuring that you are not blamed for more than your fair share of the accident. We will thoroughly investigate the case and identify liability so that you receive the highest possible fair settlement based on the facts. 

Economic Damages and Non-Economic Damages in a FELA Case

FELA settlements provide for both economic and non-economic losses. Your economic damages cover your hard financial losses, which can include your medical needs, lost income, and loss of benefits. By retaining all records of your treatments, you can help us accurately assess your losses. 

Non-economic losses are for the social and emotional hardship imposed by your accident. These include physical pain, disability, emotional trauma, and loss of enjoyment of life. Our attorneys will work with medical experts and your loved ones to better understand the challenges you face after the accident, which allows us to convincingly argue for a higher settlement. 

How to Maximize Your Fela Settlement

When it comes to successfully negotiating a FELA settlement, knowing what to do right after your accident can significantly impact your final settlement amount. Follow these steps as soon as possible to ensure you receive fair compensation. 

Get Medical Attention: Seek immediate medical treatment from the closest emergency room. For example, if you were hurt at Union Station, go to Northwestern Memorial Hospital and ask for a full medical evaluation. Keep records of your treatments.

Document Your Injuries and the Accident Scene: Take photos of your injuries both before and after treatment. You should also take pictures of the accident scene, noting any hazards that may have contributed to the incident. 

Report the Accident: Your employer must perform an investigation before negotiating a FELA settlement. Immediately report the incident and request copies of the report for your records.

Collect Witness Statements: Talk to other employees, passersby, and others present at the accident. Get their contact information so that our railroad attorneys can perform formal interviews.

Seek Experienced Legal Representation: Railroads and their insurers will often provide lowball settlements if you don’t work with a lawyer. Contact us immediately so we can begin negotiating a FELA settlement. 

How IL Work Injury Lawyer Can Help

Our attorneys will fight hard to secure you a fair settlement that covers past, current, and future losses. We can assist you with every aspect of your FELA settlement, particularly the following.

Gathering Evidence: We will interview witnesses, secure Federal Railroad Administration reports, NTSB accident reports, medical records, and maintenance records for all trains involved in your case.

Evaluating Damages: Non-economic losses are often difficult to assess. Using settlement calculators, we will determine a fair sum to compensate you for your distress.

Negotiations: Companies will diminish FELA settlements by arguing that they are entirely blameless, or they will use comparative negligence to reduce their responsibility. We will ensure that you’re treated fairly and push for the highest possible compensation based on the facts of the case.

Trial Representation: While many cases resolve with a settlement, some companies will refuse to provide a fair offer. We prepare every case as if we will be going to trial, meaning we’re ready to begin the lawsuit process if negotiations stall. 

FELA cases are typically tried by either the Cook County Circuit Court or the U.S. District Court for the Northern District, depending on which rail line was involved. We are highly familiar with both these venues and can confidently guide you through the trial, building the strongest case possible. 

Let Us Help You Secure Fair Compensation

You must act quickly to protect your rights under FELA, as you have just three years to file. Our award-winning workplace injury law firm works on a contingency fee basis, giving every injured worker access to nationally recognized trial representation. Contact us today for a free, no-obligation consultation about your case.